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The Employer Handbook Blog

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The first federal appellate court has recognized gender dysphoria as an ADA disability

A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing. It was a nightmare. In men’s housing, the transgender woman (who I’ll…

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How long do your employees have to sue you for discrimination?

Perhaps you’ve gotten here because you’ve Googled ‘How long do I have to sue my employer for discrimination?” Either way, let’s discuss. I read this federal court decision last night, the inspiration for this post. It’s an action for age discrimination under the Age Discrimination in Employment Act (ADEA) and…

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The CDC’s latest COVID-19 guidance treats unvaccinated and vaccinated individuals the same

In what it describes as “streamline[d] COVID-19 guidance,” the latest COVID-19 updates (here and here) from the Centers for Disease Control and Prevention don’t appear to distinguish between individuals regardless of vaccination status. Potayto, potahto. While the CDC continues to promote the importance of being up to date with vaccination,…

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Hey, they never said we couldn’t post TikToks transporting the dead bodies

Well, that’s not exactly what your employees should think if you operate a mortuary transport service. But, Fox5 in Las Vegas ran this story about a mortuary transporter who was recording the transport of dead bodies to several funeral homes and crematories throughout the Las Vegas valley and then posting…

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In 2015, she sued for LGBT discrimination. One landmark SCOTUS decision later, she still lost.

The former part-time Director of Operations for a college hockey team was sure that her employer fired her because she was gay. Consider the following: During the 2014-15 season, the women’s hockey team had five staff and coaches, all of whom were gay women. The part-time Director of Operations (also…

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New Jersey poster lamination companies are now cursing under their breath

New Jersey made it easier for employers to comply with displaying official posters from the New Jersey Division on Civil Rights (DCR). As of August 1, 2022, New Jersey employers have more ways to comply with posting requirements relating to the New Jersey Law Against Discrimination (NJLAD) and Family Leave…

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Boy, that escalated quickly. I mean, that really got out of hand fast.

https://youtu.be/rFeVfwDvTyM Last week, the U.S. Department of Labor’s Wage and Hour Division announced here that its investigation into the bounced payroll checks of 10 construction workers renovating a nursing home found that the employer who issued the bad checks had also denied more than 800 workers overtime wages by misclassifying…

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I’ve got free educational resources for new mothers in the workplace (and their employers)

Yesterday, the U.S. Department of Labor announced a series of August events highlighting the importance of maternal health and workplace protections for expectant and new mothers to mark National Breastfeeding Month.  On Aug. 10, from 1 to 2:30 p.m. EDT, the department’s Wage and Hour Division and Women’s Bureau and the U.S.…

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Hostile work environment claims are often like trees falling in the forest

If a tree falls in the forest and no one is around to hear it, does it make a sound? I don’t intend this blog post to answer that question specifically. However, there is an employment law analogy that I will address today. Plaintiffs alleging they suffered a hostile work…